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“Technical design flaws, lack of transparency and failed oversight” led to two 737 MAX crashes

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Last week saw the publication of the damning final US House Committee on Transport & Infrastructure report on the ‘Design, Development & Certification of the Boeing 737MAX,’ and it doesn’t take any prisoners.

The results of the report suggest that the deaths of 346 people on Lion Air 610 and Ethiopian Airlines 302 were avoidable had Boeing not downplayed the differences between the MAX and previous generation 737s.

The Federal Aviation Administration also gets its share of the blame. It is criticised for delegating its oversight abilities to Boeing itself and even overruling its own experts at Boeing’s request:

“The MAX crashes were not the result of a singular failure, technical mistake, or mismanaged event. They were the horrific culmination of a series of faulty technical assumptions by Boeing’s engineers, a lack of transparency on the part of Boeing’s management, and grossly insufficient oversight by the FAA—the pernicious result of regulatory capture on the part of the FAA with respect to its responsibilities to perform robust oversight of Boeing and to ensure the safety of the flying public.”

Five fundamental flaws

The investigation found five central themes that occurred across the design, development and certification of the fourth generation of the Boeing 737, first introduced in 1968.

Production pressures‘ and a focus on cutting costs in order to compete with Airbus on the A320neo. This included the desire to avoid greater FAA certification, additional pilot simulator training and consequently increased costs.

Faulty design and performance assumptions‘, in particular with MCAS, the Maneuvering Characteristics Augmentation System that was implemented to compensate for the unbalanced physical characteristics of the aircraft thanks to its engines. The aerodynamic effect of the heavier, larger LEAP-1B engines meant that the 737 MAX would tend to ‘pitch up’ with its nose. MCAS was designed to reduce this effect in manual flight by forcing the nose down. Furthermore, MCAS was not based on a redundant system but could be caused by a single point of failure.

A ‘culture of concealment’ which meant that neither flight manuals nor pilot training mentioned the introduction of MCAS on the 737 MAX or how to mitigate its effects in the event of a sensor failure. Boeing also concealed internal test data which revealed that it took Boeing’s own test pilot more than ten seconds to identify and respond to MCAS activation and which the pilot found ‘catastrophic’.

Conflicted representation‘ in which Boeing’s own employees, acting on behalf of the FAA during the certification process, failed to make the FAA aware of important information that could have improved the safety of the 737 MAX. In some cases, the ‘authorised representatives’ at Boeing raised concerns internally but were dismissed by other Boeing employees, resulting in no design changes.

Boeing’s influence over the FAA oversight structures‘ meant that FAA management sided with Boeing executives over the FAA’s own safety experts.

Boeing 737 MAX scimitar wingtip

Boeing executive still thinks the 737 MAX is a success

Even more worryingly, former Vice President and General Manger of the 737 MAX program, who stepped down in April 2018, still considers the 737 MAX a successful program despite 346 avoidable deaths:

T&I Committee staff: In light of the two crashes and the fact that the MAX has been grounded for more than a year, would you consider the development of the MAX a success?

Keith Leverkuhn: Yes, I would. …. I do challenge the suggestion that the development [of the 737 MAX] was a failure.

Not a particularly good look.

Conclusion

For many years, the phrase ‘if it ain’t Boeing, I ain’t going’ was a boon for Boeing’s marketing teams, implying that Boeing had a superior safety culture.

The final committee report suggests a complete reversal of the sentiment:

The Boeing Company needs to restore its reputation as a company focused squarely on safety and quality as Mr. Boeing envisioned and demanded. By heeding the horrific lessons from the MAX accidents, Boeing can and must take significant steps to create and maintain an effective, fulsome, and forthright safety culture. This would help to reinvigorate its workers’ morale and public confidence that Boeing is on the road to recovery stemming from the flaws that have been exposed as a result of the MAX crashes.

However, the Committee’s investigation raises questions regarding Boeing’s commitment to doing that or even to simply acknowledging that it made mistakes in the design, development, and certification of the 737 MAX aircraft.

The only silver lining is that the 737 MAX is likely to be the most-scrutinised aircraft on the market once it completes re-certification by the FAA, European Union Safety Agency and Transport Canada. Any future 737 MAX deliveries should be extremely safe, although the report doesn’t instil confidence for Boeing’s other aircraft programs.

It will be interesting to see what happens with IAG’s Letter Of Intent for 200 737 MAX aircraft, with BA’s share originally due to be deployed at London Gatwick. This is likely to be the cheapest short-haul aircraft deal negotiated in the last decade – Willie Walsh always envied how Ryanair achieved substantial discounts on large orders after 9/11 – but it seems unlikely at present that it will become a firm order.

Comments (70)

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  • Opus says:

    Boeing has/will never fully admit to all wrongdoings which is quite pathetic to be honest. But here we are

    • Colin MacKinnon says:

      Boeing has history about keeping pilots in the dark.

      Remember the Kegworth crash – the British Midland 737-400 where the wrong engine was shut down?

      It turned out that Boeing had changed the air con, so that instead of coming from right engine, the cabin air came from both. So when the left engine blew up and the cabin filled with smoke, the very experienced pilots wrongly assumed the right engine had failed.

      And there was nothing in the manual of the new -400 to tell the pilots that the air con had been changed. After all, why would they need to know much about the air con? Sounds familiar?

      Oh yes, and the engine that failed? Fan blade failure in an engine that had only been tested in the lab and not under representative flight conditions. Sounds familiar?

      Mistakes can be forgiven, but not earning from previous mistakes? On the same “model” of aircraft, albeit 31 years ago?

  • ChrisW says:

    The fact that it has still not been recertified after 18 months shows how serious the design flaws are. Boeing has lost billions because of this.
    This pandemic was a golden opportunity for Boeing to quietly certify the MAX and slip it back into commercial service while everyone was distracted yet they still haven’t been able to do that.

    • ChrisC says:

      It’s not down to Boeing to recertify it that’s down to the FAA and the other regulators

      Boeing can scream as loudly as they like that it’s a safe plane but until the FAA have approved it then it stays grounded.

      FAA did do some test flights a couple of months ago but they are still going through all the data.

      As is the European agency EASA. And given the FAAs history on the Max and it’s regulatory failures it will basically be the EASA that regulators in other parts of the world will look to for approval for the Max to fly.

  • ChrisBCN says:

    The phrase that stuck out most to me was ‘it took Boeing’s own test pilot more than ten seconds to identify and respond to MCAS activation and which the pilot found ‘catastrophic’.’

    If the company isn’t going to respond adequately to the results of its own testing, it shows a massive issue with their internal culture.

    That is borne out by the fact that they still can’t seem to acknowledge mistakes were made. Beating Airbus in the order book seems to be their overwhelming priority, rather than trying to find a balance of sales alongside a safety and cost culture.

    • Callum says:

      Same for me. That changes it from a theoretical problem they overlooked, to a real problem they were fully informed about but made the deliberate decision to cover it up.

      They should be prosecuted for some kind of corporate manslaughter.

      • Alex W says:

        Boeing will blame the FAA because their guidance from the 1980’s (AC 1309) rates it as a Major severity rather than Catastrophic severity (of which there are dozens if not hundreds of Catastrophic failure modes possible on every aircraft type). However, Boeing should have told the FAA that their guidance was incorrect or too optimistic in this instance.

        • Hector says:

          Does that matter? Should an aircraft be going into service with known Major failure modes possible?

    • DBuzzby says:

      Well said CHRISBCN

  • Alex W says:

    The whole legal and cultural attitude to safety is entirely different in the US, in aviation or otherwise. They have a system where demonstrating compliance with regulation is enough (even if the regs are from the 1980s, or earlier, or worse, there aren’t any regs covering e.g. your new tech).

    In the UK compliance is not enough, all risks must also be reduced so far as is reasonably practicable – e.g. using redundant sensors for MCAS even if the letter of the regulation does not require it. UK has an excellent safety record and leaving EASA in January is bonkers, one can only hope the CAA alignment with EASA is very tight. If the government makes yet another stupid decision such as aligning our regulator with the FAA then it will be to the detriment of air safety.

    • Lady London says:

      @Alex W that same insufficient “box ticking” mentality has also crept into commmercial computer systems testing in this century.

      Only the first phase of system testing is just ‘tick each box for each function it’s meant to do being done once’.

      After that traditionally you would do further rounds of stress testing, and extra tests to ensure exceptions and extremes were handled correctly. Part of that was trying to ‘break’ the system in testing – because if we didn’t the users surely would, or
      incoming feed from some other system surely would.

      I have lost count of the times my counterpart project leader at whichever major consultancy firm only wants to test the one-time existence of positive functionality to pass it, rather than also strenuously test for the absence of non-normal functionality.

      The major ex-management consultancies seem to be the most keen to get just one box ticked for normal and call that tested. The systems integrator consultancies generally have a better idea and if they’ve got a good offshore team this can really help.

      I spent the early part of my career working for US tech companies and you got to know that what they released from the US as working we would have to proceed with caution as Europe, particukarly the UK, would promptly find all the bugs, even obvious ones, as soon as our clients tried to use it.

      • Jerrry Butler says:

        World of difference between testing safety critical systems on aircraft/trains/cars and management consultants/ project leaders in banking etc, who just want do the test once and then get down to the pub.

      • Bagoly says:

        So glad to find someone else sees this as a problem.
        I fear that many under 40s have only ever seen such one-time-positive “testing” that they don’t understand any other approach is possible, let alone that it is sensible.

        • Alex W says:

          The reverse is true in aerospace, in my opinion. The younger generation are more questioning. The old farts designed the Nimrod.

  • BJ says:

    To add to all these problems the response of the flying public remains unknown and must be a huge headache for those airlines with confirmed orders. Could it be that the MAX is the first aircraft ever to have become so toxic that significant numbers of customers will simply choose other airlines to avoid flying it? There is also the problem that should there be one more fatal accident within the first 1 or 2 years of recertification that is subsequent attribute to problems with the aircraft itself then what happens then. With airlines airlines already struggling for the foreseeable future, the last thing they need is an aircraft that is toxic with customers and has poor build quality requiring extra maintenance etc. I remember we had at least one contributor here who was a senior aircraft engineer. If he is reading this article today it would be good to have some expert comments on the subject.

    • ChrisBCN says:

      I think the vast majority of people don’t care what model of plane they are on, let alone actively seek out knowing what model it is.

      There is always a niche that do of course, split into the group that now think the plane will be the safest in the world because of all the testing vs those thinking the opposite because it is a fundamentally flawed design. We are into very small numbers of people here that won’t even be noticed in the big scheme of things.

      And don’t forget Ryanair announced that they won’t even tell you if its a max or not upfront, just a 737.

      • Char char says:

        Don’t underestimate people clicking the flight info link

      • Littlefish says:

        Sadly, I think this point is absolutely correct.
        Even with all the evidence and reports to date, and the fundamental design flaw(s) it feels likely to me few airlines or passengers will shun it once certified.
        Personally, I might look at after 12 months of a return to operations.
        I will be looking very carefully at airlines / routes that may switch planes to a Max and re-booking policies (Southwest springs to mind).

      • memesweeper says:

        If the ‘niche’ is as big as, say, 5% then this materially affects profitability of an operator. The space the 737 and 320 operate in is dominated by low-margin low-cost operations. A 5% loss of passengers would be a major set back, as would a price drop to ensure the seats were filled even when 5% are going with competitors.

        • ChrisBCN says:

          Not every plane in the fleet would be a MAX, so in your example it would be 5% of the total MAX% of seats… I would argue it’s really immaterial. Plus you would have to bring in operational costs of the MAX vs that airlines alternative, which (assuming the MAX is cheaper to run than the older plane you are replacing) means the impact is all too negligible, and might actually be cost saving vs the old plane anyway.

          • Rhys says:

            In the short term, yes. In the long term, older 737s are going to be replaced by MAXs because they are getting to the end of their life and MAXs are more fuel efficient.

    • Blenz101 says:

      The vast majority of people will have zero idea what aircraft they are flying on particularly on this size of aircraft and would never look during the booking process either (even then the aircraft could be swapped).

      The aircraft will most likely be quietly slipped back into service.

      That isn’t to say the tabloid press won’t find a “terror flight” when the aircraft is caught in some turbulence.

    • Alex W says:

      I’ve worked in airworthiness/air safety for 13 years and would happily fly it once both design and operators are re-certified. I agree the 737 MAX will end up being one of the ‘most scrutinised’ aircraft. To try and avoid the stigma I believe Boeing are renaming it to the 737-8. To have another catastrophic technical failure in the near future would be very unlikely but it is of course possible for any aircraft type.

      This investigation has however raised a question mark over the certification of other aircraft types. There are NTSB recommendations to review failure mode categorisation and pilot emergency response assumptions for ALL FAA certified transport category airplanes… this is a huge task and won’t happen overnight.

      • ChrisBCN says:

        It’s always been called the 737-8, that’s the internal name and name on certification documents. The MAX tag was purely a marketing thing. An inferior points blog to this one jumped to the conclusion of a rebranding because they didn’t know this.

        That’s not to say it won’t be rebranded of course, (and don’t confuse with the 737-800 which is an entirely different model).

        • Doug M says:

          Confusion over model might be just what Boeing want. But agree, outside of geek and seat obsessives most people care little about which plane. Wouldn’t be surprised at M O’L turning it into a marketing campaign, fly the Max it’s a £1 cheaper.

          • BJ says:

            Followed the discussion and I get what readers are saying about only geeks checking aircraft type. However, something is different this time, the MAX has probably had more bad press on safety than all other aircraft combined. If this continues it must surely get to the point that enough people take notice and start to care. Probably ok for airlines with mixed fleets but sat Ryanair end up with only or mainly MAX and the story gets around they only have unsafe aircraft regardless of certification.

        • Alex W says:

          @ChrisBCN it was reported in industry and mainstream news well before the points blogs reported it. Besides: if we’re talking about regaining customer confidence then the marketing will play a key role.

      • Oh! Matron! says:

        I found this to be an excellent write up of why the 737 design is now not fit for purpose: Basically, it was designed in a time when we didn’t have air bridges, so steps had to be used. This resulted in the bottom of the plane and, therefore the engines, being closer to the ground than, say, the more modern A320. Slapping bigger and bigger engines onto the 737 has resulted in inherent imbalances hence the need for both automated and manual assists above and beyond what a normal aircraft has.

        TL;DR: the airframe design of the 737 is now not fit for purpose, but still being used 🙁

      • BJ says:

        Thanks Alex, so the aircraft is certified and returned to the air as seems certain but that is only part of the story. What then regarding reported QA/QC issues at Boeing? This story reminds me of a seminar I attended at IC where the speaker presented two tables of identical measurements from two different labs. He challenged the audience to spot the difference between them. The audience were a bit perplexed and after some rumblings he said the difference was that the results from Lab A were “just rubbish” while the results from Lab B were “certified rubbish” 🙂

        • Alex W says:

          @BJ there are open NTSB recommendations for Boeing and FAA to sort out the certification process. However changing the culture will take years of persistent investment and leadership.

  • Chris says:

    This saga has exposed Boeing for what they are! Such a shame a once great company has turned into such a sh*tshow. I actively avoid the 787 so chances of me flying the Max are almost zero.

    • Doug M says:

      I really like the 787, the air quality alone makes it a great plane.

      • Jonathan says:

        The big windows & lower cabin altitude are nice but no different to other modern composite aircraft such as the A350.

        The build quality is notoriously cr@p though. Qatar won’t accept anything built in the Charleston factory as they had so many quality control issues. Boeing also built it just wide enough to squeeze 9 abreast in Economy, talk to anyone who’s endured more than 5 hours down the back & they’ll tell you it’s the worst experience in the air. The A350 is significantly more spacious in Y.

        • Rhys says:

          In many ways Airbus saw what Boeing was doing with the 787 and improved on it on the A350. Wider cabin, quieter. The only ‘downside’ is a marginally smaller window and no cool electro-dimming, although admittedly not everyone likes those!

          • Oh! Matron! says:

            I hate the Mandated electro dimming of the 787: I tend to stay awake on east to west transatlantic flights, and love watching Iceland, Greenland, Baffin Island go past. It’s always a pain having to fight with the windows

          • Max says:

            Airbus recently signed a contract with the supplier for the electro-dimming windows, so they will be available as an option for airlines to order.

          • Rhys says:

            Indeed, although I haven’t heard of any airlines taking up the offer yet!

  • Stuart says:

    Isn’t the 777X also being certified as a 777 derivative and not a new aircraft? Surely a mistake given this episode and it’s clear differences from its predecessor

    • Rhys says:

      Yes, but likely to have fewer problems because it’s a more modern design. The Max is the fourth generation 737 – 777X will only be the second.

      And you can bet the FAA will be scrutinising it a lot harder after this debacle…

  • Char Char says:

    Well unless they replace the MCAS system with something not so problematic, it seems only a matter of time till something may go wrong with it again

    • Alex W says:

      There are various fixes being implemented including using dual redundant AOA sensors, fixing the AOA DISAGREE caution and proper pilot simulator training.
      The Canadians also want to decouple the MCAS from the stick shaker (to reduce pilot workload/distraction). I recall there may also have been a request for a 3rd AOA sensor but that seems unlikely to be implemented.
      What do you envisage replacing the MCAS with that would improve upon the revised design?

      • Littlefish says:

        MCAS is a solution to a fundamental design problem (simplistically, the Engines are too big for the wings and core balance). Removing the design problem would be an improvement.
        Now, that looks like it isn’t going to happen now for various reasons. Fine.

        The future learning question is whether the disincentives on Boeing to properly re-design the 737, have been and will be removed for future aircraft and all manufacturers. This looks to the regulators (FAA, EASA etc) but also the regulatory framework, which allowed this all to develop.

        • Char Char says:

          Yes they should have looked at the design problem not the solution to the problem

        • Alex W says:

          Removing the more fuel efficient LEAP-1B engines would remove a major reason why airlines would want to buy the Boeing 737 MAX.
          I agree the US regulatory system appears to be broken and needs fixing.

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